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LONICH PATTON EHRLICH POLICASTRI
1871 The Alameda, Suite 400, San Jose, CA 95126
Phone: (408) 553-0801 | Fax: (408) 553-0807 | Email: contact@lpeplaw.com
LONICH PATTON EHRLICH POLICASTRI
Phone: (408) 553-0801
Fax: (408) 553-0807
Email: contact@lpeplaw.com
1871 The Alameda, Suite 400
San Jose, CA 95126
Located in San Jose, Lonich Patton Ehrlich Policastri handles matters for clients in northern California, specifically San Jose and Silicon Valley. Our services are available to anyone within the following counties: Santa Clara, San Mateo, Contra Costa, Santa Cruz, Monterey, San Benito, and San Francisco. For a full listing of areas where we practice, please click here.
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Climate Change and Family Law: Relocation Disputes Due to Environmental Factors
/in Family Law /by Gretchen BogerRelocation and custody disputes are nothing new. Family courts have been adjudicating these types of cases for years. Parents need (or want) to move for a variety of reasons such as pursuing new job opportunities or wanting to be closer to their family. But what happens if the relocation request is due to environmental factors stemming from climate change?
Climate change is no longer relegated to melting ice caps far away and air pollution in big cities. Extreme weather events, flooding, wildfires, and heat waves, among other things, are affecting more and more families, forcing parents to make life-altering decisions about how to deal with evacuations, where to live, and how to keep their children healthy and safe.
If one parent wants to move to another city or even another country to escape the effects of climate change but the other wants to stay, they should first try to reach a mutual agreement to revise their child custody agreement. However, if they cannot agree, the parent who wants to move will likely need to file a relocation or move-away case in family court.
Factors the Court Considers
In most relocation disputes, a judge will consider several factors, including:
How Climate Change Affects Relocation Disputes
Relocation due to environmental factors is not a preference but a matter of survival for some parents. For instance, California residents struggling in the wake of wildfires or families living in coastal areas that are being threatened by sea-level rise might feel like environmental risks outweigh the benefits of their current living situation. Safety and stability for their family, rather than a lifestyle choice or convenience, is at the root of these types of climate-driven relocation decisions.
Legal Questions to Be Answered
If the relocation and custody dispute ends up in family court, judges will likely need to answer some difficult legal questions. How real is the risk? When does a move actually become necessary as opposed to preferred? What if one parent can’t move away from the area of concern? Does that mean the child will not maintain contact with that parent? As with other relocation disputes, the court will always prioritize the best interests of the child; however, in cases where climate change is the driving factor, lawmakers will likely need to present scientific evidence such as climate risk assessments.
Get Help With Your Relocation and Custody Dispute
Are you considering a relocation due to environmental factors such as the threat of natural disasters, storms, pollution, or flooding and having trouble agreeing on changes to your custody agreement? Don’t hesitate to put your family’s health, safety, and security first. Schedule a free consultation with the family law experts at Lonich Patton Ehrlich Policastri (LPEP Law). We have years of experience in helping parents navigate difficult child custody issues. Get the help you need with your relocation and custody dispute today.
Disclaimer: this article does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.
The Dos and Don’ts of Creating a Last Will and Testament
/in Estate Planning /by Michael LonichCreating a last will and testament may not be at the top of your to-do list, but it’s one of the most important steps you can take to protect your family and your assets. A will ensures that your wishes are carried out after you pass away, helping to avoid confusion, disputes, and unnecessary stress for your loved ones.
But writing a will isn’t as simple as jotting down who gets what on a piece of paper. There are important rules to follow, and mistakes can have serious consequences. Below are some key dos and don’ts to keep in mind.
The Dos
The Don’ts
Create a Last Will and Testament With Support From LPEP
A last will and testament gives you peace of mind knowing your family is cared for and your assets are distributed the way you intend. It’s essential that your will is accurate, comprehensive, and legally valid.
At Lonich Patton Ehrlich Policastri, we help clients create clear, legally sound wills tailored to their unique needs. Our estate planning team makes the process simple and ensures your wishes are protected.
Contact us today to schedule a free consultation and take the first step in securing your family’s future.
Disclaimer: This article does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.
Can Child Custody Be in a Prenuptial Agreement?
/in Family Law /by Gina PolicastriChild custody and prenuptial agreements are becoming increasingly popular these days. More people are realizing that a prenup isn’t just for rich people to safeguard their wealth during a divorce. Instead, they can be valuable tools for setting expectations about assets, businesses, and debts.
However, one question is often asked: can you use a prenup to decide child custody arrangements if the marriage ends?
The short answer is no. While prenups are excellent tools for financial planning, custody decisions are based on the child’s best interests. Understanding the limits of a prenuptial agreement is essential to protecting your rights and your family’s future.
What Prenuptial Agreements Can Cover
Prenuptial agreements are legal contracts that enable couples to establish rules regarding financial matters before they get married. When you consider that money arguments are a leading cause of divorce, a prenup can encourage open and honest conversations.
If one spouse enters the marriage already owning a significant amount of assets, a prenuptial agreement ensures that these assets won’t be lost if the couple divorces. Conversely, if the spouse has a considerable amount of debt, the other partner won’t be responsible for paying it. A prenuptial agreement can also protect a family business from being divided or gifts intended for children from prior relationships.
A prenup can also dictate whether either spouse will receive support and in what amount. These agreements provide financial clarity and peace of mind.
Why Child Custody is Different
The courts base their custody decision on the best interests of the child, not a prenuptial agreement between parents. When making their determination, they look at factors such as:
Circumstances change over time; therefore, custody can’t be predetermined years in advance with a prenuptial agreement.
If you attempt to include custody terms in a prenuptial agreement, the court will likely disregard them and other unenforceable clauses, while upholding the remainder of the contract. However, if the judge believes the agreement is extremely one-sided or overly restrictive, it could raise questions about its fairness, thereby putting the entire prenup’s validity at risk.
While you can’t address custody arrangements in a prenup, couples can include other provisions related to children, such as:
Alternatives for Addressing Child Custody Concerns
Rather than relying on a prenup, parents separating or divorcing typically determine custody through parenting plans, which are detailed agreements about co-parenting responsibilities, decision-making, and schedules.
Courts prefer that parents draft their own parenting plans or work with a mediator (a neutral third party) to create a plan that works for the entire family. In situations where mediation is unsuccessful or the parents can’t agree, the court will intervene to determine custody. As the children grow and circumstances change, arrangements can be adjusted to meet the family’s evolving needs.
How LPEP Law Can Help
Prenuptial agreements are powerful tools for financial planning, but they can’t be used to dictate child custody. If you’re considering a prenuptial agreement, our attorneys at Lonich Patton Ehrlich Policastri can help. We will draft a prenuptial agreement tailored to your specific financial circumstances, ensuring it’s fair and in the best interest of you and your children.
Contact us at 408-553-0801 or visit our website to schedule your free consultation. You will have peace of mind knowing that your financial future is protected.
Disclaimer: this article does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.
The Role of Life Insurance Trusts in Estate Planning: Maximizing Your Benefits
/in Estate Planning /by Michael LonichYou probably already know that estate planning is one of the best ways you can provide for your loved ones in the future, protect your assets, and assure your legacy continues. What you might not know is that a life insurance trust can be an effective tool to provide liquidity, reduce estate taxes, and preserve wealth and assets for future generations. Learning more about the role that life insurance trusts can play in your estate planning can help maximize your benefits for your loved ones.
What is a Life Insurance Trusts?
When you buy a life insurance policy, it is a contract to provide benefits to your loved ones at the time of your death. A life insurance trust is a legal entity created to own and manage that life insurance policy on your behalf. When you create a life insurance trust and fund it, the trust becomes the official owner of the policy, rather than you, the insured individual.
Key Benefits of a Life Insurance Trust
There are several benefits to choosing a life insurance trust, including:
Estate Tax Reduction
If you have a life insurance policy in your own name, death benefits would usually be included in your estate, which could increase the estate tax liability for your beneficiaries. By setting up a life insurance trust, however, you effectively exempt the proceeds from the life insurance from your taxable estate. Beneficiaries can then receive the full payout from your life insurance tax-free.
Liquidity for Estate Expenses
In many cases, your loved ones will be faced with funeral expenses, outstanding debts, and estate taxes, which they will need to pay quickly. With a life insurance trust, benefits can provide immediate cash to help cover these expenses. Having access to these funds could protect your family from having to sell off family assets like your home or business to raise the needed money.
Control Over How Proceeds are Distributed
Some individuals choose a life insurance trust because it allows them to set specific terms for how and when the proceeds get distributed to beneficiaries. For instance, you might choose to delay access to the funds until your beneficiaries reach a certain age or set up regular disbursement periods. This capability might be especially important if you have minor children or a child or other beneficiary with special needs and want to make sure they have ongoing financial support instead of one, lump-sum payout.
Protection from Creditors and Lawsuits
As mentioned earlier, assets held in a life insurance trust are protected from estate taxes, but they are also generally protected from creditors that might pursue your beneficiaries. Especially if they are involved in divorce proceedings, lawsuits, or have personal business liabilities.
Talk to an Estate Planning Expert about a Life Insurance Trust
It’s important to talk with an estate planning attorney about how to set up a life insurance trust and how it fits in with the rest of your estate planning. The estate planning group at Lonich Patton Ehrlich Policastri (LPEP Law) have a wealth of expertise in the full range of estate planning legal services, including setting up trusts. Schedule your free, no-obligation consultation to speak with us at LPEP Law about how you want to protect and provide for your family in the future.
Disclaimer: this article does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.
What Would an End of No-Fault Divorce Look Like?
/in Family Law /by Mitchell EhrlichCurrently, all 50 states recognize no-fault divorce as a viable option for couples to dissolve their marriages. However, several states and legislators have proposed changes that would limit or prohibit no-fault divorces, moving toward a system that would require a spouse to prove fault or wrongdoing as a basis for divorce. What would an end of no-fault divorce look like?
What is No-Fault Divorce?
First, it’s important to understand what we mean when we talk about “no-fault” divorce. As the name suggests, no-fault divorce means that neither spouse needs to prove any sort of fault or misconduct, such as adultery, cruelty, abandonment, abuse, etc., as a basis for seeking divorce and can instead cite “irreconcilable differences.” The advantages of no-fault divorce usually include reduced conflict and strain between former spouses, which leads to quicker resolution and greater opportunities for cooperative co-parenting. In addition, both parties are better able to maintain their privacy and dignity throughout a stressful and emotional legal process.
Legal Implications of Ending No-Fault Divorce
To understand the legal implications of ending no-fault divorce, we can look at the legal landscape prior to the establishment of no-fault divorce laws. Generally speaking, obtaining a divorce was significantly more challenging, especially for women.
As in the past, courts would likely require one spouse to prove fault, such as:
The requirement to prove fault often led to contentious, drawn-out legal battles that were time-consuming, costly, and potentially embarrassing for both sides. Some couples even resorted to making up evidence in order to meet the legal requirements of proof.
Failure to establish fault could lead to the denial of the divorce.
Social Implications of Ending No-Fault Divorce
Given the stricter legal requirements noted above, the end of no-fault divorce would also likely have a significant social impact. Women’s groups in particular worry that returning to a fault-based divorce system will force many people to stay in abusive marriages because they will be unable, or reluctant, to produce evidence of abuse.
Other people might choose to stay in unhappy marriages rather than publicly air their private issues. In these cases, the mental and emotional wellbeing of both parties, as well as any children involved, would be negatively affected.
Even successful divorces would probably carry an increased social stigma, since the “fault” established would be equated with moral wrongdoing.
Practical Implications
The requirement to establish fault would necessarily have practical implications, including more expensive divorces and a slower, more congested legal system. Spouses would need to gather evidence that could be presented in court, which could be costly as well as emotionally draining. An increased financial burden of hiring lawyers would make divorce difficult for lower-income families. “Fault” could unduly influence child custody or visitation rights as well as division of assets since the “at-fault” spouse might be denied custody or visitation or receive reduced spousal support or marital assets.
Need Help With Your Divorce?
If you are considering divorce for any reason, it helps to have experienced legal professionals on your side. The family law firm group at Lonich Patton Ehrlich Policastri (LPEP Law) has over 100 years of combined litigation experience to walk you through the process and seek out the best possible outcome. Call us today to schedule a free, no-obligation consultation to discuss your case and go over all your options.
Disclaimer: this article does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.